QUESTION
Can the mother in law petition for the girlfriend?
Asked on May 18th, 2012 on Immigration - New Hampshire
More details to this question:
I just want to ask for my friend she has an American boyfriend and they have a 3 year old baby girl they're been together for almost 7 years and they are still together. Her boyfriend is divorced, and he is staying all these time with my friend. And when I ask her about going to US, she told me that her Mother in Law TO BE is going to petition her. Is that possible that her Mother In Law to be can petition her? I just want my friend to be expect for nothing if her boyfriend just giving her a false hope.
8 ANSWERS
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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A mother-in-law cannot petition for her daughter-in-law.
Answered on Jun 06th, 2012 at 9:24 PM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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A Mother-in-Law cannot petition her.
Answered on May 29th, 2012 at 2:56 PM
Thomas J. Rosser
No, the immigrant petition cannot come from the future mother-in-law. Sponsorship in this case would be appropriate by the USC boyfriend as the "immediate relative" (but only after they are actually legally married...).
Answered on May 25th, 2012 at 8:36 PM
NO, mother-in-law or mother-in-law to be cannot petition for her. He can petition for her as his fianc?e or marry her and petition for her as his wife. The mother-in-law can act as a sponsor for affidavit of support purposes but not as the petitioner. There has to be a qualifying family relationship in order to qualify as a petitioner.
Answered on May 25th, 2012 at 5:42 PM
Business Law Attorney serving Atlanta, GA
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Elkhalil Law, P.C.
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The mother in law cannot petition for daughter in law.
Answered on May 25th, 2012 at 5:37 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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mother in law to be or even mother in law cannot petition her for US immigration. It seems the boyfriend is either a liar or terribly misinformed.
Answered on May 25th, 2012 at 6:44 AM
There is no immigration visa category by which a mother-in-law-to-be or even a mother-in-law can petition for your friend after she becomes married to the father of her three-year-old girl. Two issues are presented for your friend: by what means will she be eligible to enter the U.S., and by what means will she be able to permanently reside in the U.S. If your friend's fianc? is a U.S. citizen, he may be able to petition for your friend to enter the U.S. with a fianc? visa in order to become married in the U.S. within the required time, and then together they could apply for her to adjust status to become a Permanent Resident (to get a "Green Card"). Alternatively, the couple could marry abroad and then the U.S. citizen husband could help her with consular processing. Each of those options has specific requirements and processing times, and it would be wise for your friend and her fiance to consult with an immigration attorney to review eligibilities, options and strategies. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on May 25th, 2012 at 6:32 AM
Commercial Attorney serving Portsmouth, NH
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Mesinschi Law Offices, PLLC
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Hello, Unfortunately, no it is not possible for a prospective mother-in-law to be the primary petitioner. The most the mother-in-law can do is act as a co-sponsor for financial purposes. Also, a girlfriend cannot be sponsored, she would need to be a fiancee for purposes of a K-1 visa (which is a temporary, 90-day visa intended to permit the couple to marry in the United States). From there, the - then husband - would need to sponsor her for permanent residency. It is entirely possible the boyfriend is simply not aware of how the immigration system works and they would be wise to retain an immigration lawyer to walk them through the process.
Answered on May 25th, 2012 at 2:15 AM